A criminal record can hold a person back from a lot of freedoms and opportunities. A large majority of employers run a criminal background check on applicants; and if it comes back unsatisfactory, they reserve the right to deny employment or promotion. Aside from a restricted career and paygrade, a poor criminal record can also affect a person’s right to vote, hold office, own or possess a firearm, and more. Fortunately for Hoosiers, the state passed a new law in 2011 that gave people the right to restrict public access to their
criminal records if they meet the requirements.

The law, commonly referred to as “Indiana’s Second Chance Law”, was expanded upon again in the following years. Depending on their qualifications, they past offenders can either seal or expunge their criminal records in Indiana. But as mentioned, there are certain requirements individuals must meet in order to be granted expungement or sealing. Continue reading to learn what limitations to expect when petitioning for criminal record expungement in Indiana.

Expunging Criminal Records

After you have been granted expungement, you can legally say “No” when someone asks you if you have a criminal record. Although getting there takes hard work, diligence, and patience, ultimately, it takes meeting the requirements. These requirements are what limits people’s eligibility for criminal record expungement. Talk to an experienced criminal defense attorney for help determining your eligibility and filing the petition. Below, you will find a breakdown of the standard limitations to
expect under the criminal record expungement law.

Expungement – Indiana Code § 35-38-5-1

For those who do not have an actual conviction on their criminal record, they have the greatest chance at being granted criminal record expungement in Indiana. If your charges were dropped because 1) mistaken identity, 2) actual innocence, and 3) no probable cause that you committed the crime in question, you have a good chance at being granted expungement.

Of course, there are time stipulations as well. It must be a certain number of years since the initial arrest. And this is just the start, there are several other factors that influence eligibility as well, such as pending criminal charges and more. A criminal defense lawyer will guide you through the requirements so you can learn all the limitations that may apply to you and your criminal record.

Restricted Access – Indiana Code § 35-38-5-5.5

For those who were arrested but charges were never brought against them or later dropped (for instance, a college public intoxication arrest where cops just put someone in the “drunk tank” to sober up and then release them without charges after), they would not meet the requirements for criminal record expungement. But they could be eligible for “restricted access.” This applies to those who were 1) arrested but never charged, 2) arrested, charged, but then acquitted of all charges, or 3) convicted but conviction was later vacated.

Indianapolis Criminal Defense Attorney

Call Attorney David E. Lewis at 317-636-7514 to file for criminal record expungement in Indiana. He is an experienced criminal defense attorney that is well-versed in all Indiana expungement and sealing laws. You can only file one time in your life, and one mistake or missed deadline can take your only chance away forever. Avoid that risk by having David E. Lewis, Attorney at Law, file your petition for you. His services start as low as $850! Call 317-636-7514 to schedule a free initial consultation and learn the best strategy for your criminal record, today.